If I’m drafting a Will, do I need to declare the kids that I am guardian over as children?

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If I’m drafting a Will, do I need to declare the kids that I am guardian over as children?

We have 2 children; we are also legal guardian over 2 children. All 4 kids are over 18. I was told if I don’t specifically name all my children they would have a right to an inheritance.

Asked on September 30, 2014 under Estate Planning, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It sounds a if you may be trying to do this on your own and maybe you should not do that if you have special circumstances in your life.  Generally speaking, you have to know the "object of your bounty" when making out a Will so that is why if you intend on disinheriting a child you should specifically mention them and state that you are leaving them nothing. But the children for whom you are the legal guardian are not legally adopted correct?  Then they are not heirs at law so to speak.  Mentioning them is not a  bad thing or even leaving them something is absolutely your choice.  Good luck. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you want the kids for whom you are their guardian to inherit from your Will, you should name them.  If they are not listed as beneficiaries, they won't inherit anything from your Will unless they successfully contest the Will.


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